International humanitarian law (IHL) is the law that regulates the conduct of war (jus in differences in applicability; international
national humanitarian law applies only during armed
bello). It is that branch of international law which seeks to limit the effects of armed
conflict by protecting persons who are not participating in hostilities, and by restricting
and regulating the means and methods of warfare available to combatants.
IHL is inspired by considerations of humanity and the mitigation of human suffering. "It
comprises a set of rules, established by treaty or custom, that seeks to protect persons and
property/objects that are (or may be) affected by armed conflict and limits the rights of
parties to a conflict to use methods and means of warfare of their choice". [1] It includes
"the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case
law, and customary international law".[2] It defines the conduct and responsibilities
of belligerent nations, neutral nations, and individuals engaged in warfare, in relation to
each other and to protected persons, usually meaning non-combatants. It is designed to
balance humanitarian concerns and military necessity, and subjects warfare to the rule of
law by limiting its destructive effect and mitigating human suffering.[3]
Serious violations of international humanitarian law are called war crimes. International
humanitarian law, jus in bello, regulates the conduct of forces when engaged in war or armed
conflict. It is distinct from jus ad bellum which regulates the conduct of engaging in war or
armed conflict and includes crimes against peace and of war of aggression. Together the jus
in bello and jus ad bellum comprise the two strands of the laws of war governing all aspects of
international armed conflicts.
The law is mandatory for nations bound by the appropriate treaties. There are also other
customary unwritten rules of war, many of which were explored at the Nuremberg War
Trials. By extension, they also define both the permissive rights of these powers as well
as prohibitions on their conduct when dealing with irregular forces and non-signatories.
International humanitarian law operates on a strict division between rules applicable in
international armed conflict and internal armed conflict. This dichotomy is widely
criticized.[4]
The relationship between international human rights law and international humanitarian
law is disputed among international law scholars. This discussion forms part of a larger
discussion on fragmentation of international law.[5] While pluralist scholars conceive
international human rights law as being distinct from international humanitarian law,
proponents of the constitutionalist approach regard the latter as a subset of the
former.[6] In a nutshell, those who favor separate, self-contained regimes emphasize the
conflict. On the other hand, a more systemic perspective explains that international
humanitarian law represents a function of international human rights law; it includes
general norms that apply to everyone at all time as well as specialized norms which apply
to certain situations such as armed conflict and military occupation (i.e., IHL) or to certain
groups of people including refugees (e.g., the 1951 Refugee Convention), children (the
1989 Convention on the Rights of the Child), and prisoners of war (the 1949 Third Geneva
Convention).
Democracies are likely to protect the rights of all individuals within their territorial
jurisdiction.
Key provisions and principles applicable to civilians[edit]
The Fourth Geneva Convention focuses on the civilian population. The two
additional protocols adopted in 1977 extend and strengthen civilian protection in
international (AP I) and non-international (AP II) armed conflict: for example, by
introducing the prohibition of direct attacks against civilians. A "civilian" is
defined as "any person not belonging to the armed forces", including non-
nationals and refugees.[35] However, it is accepted that operations may cause
civilian casualties. Luis Moreno Ocampo, chief prosecutor of the international
criminal court, wrote in 2006: "International humanitarian law and the Rome
statute permit belligerents to carry out proportionate attacks against military
objectives, even when it is known that some civilian deaths or injuries will occur.
A crime occurs if there is an intentional attack directed against civilians
(principle of distinction) ... or an attack is launched on a military objective in the
knowledge that the incidental civilian injuries would be clearly excessive in
relation to the anticipated military advantage (principle of proportionality)."[36]
The provisions and principles of IHL which seek to protect civilians are: [37]
IHL provisions and principles protecting civilians[edit]
Principle of distinction[edit]
The principle of distinction protects civilian population and civilian objects from
the effects of military operations. It requires parties to an armed conflict to
distinguish at all times, and under all circumstances, between combatants and
military objectives on the one hand, and civilians and civilian objects on the other;
and only to target the former. It also provides that civilians lose such protection
should they take a direct part in hostilities.[38] The principle of distinction has
also been found by the ICRC to be reflected in state practice; it is therefore an
established norm of customary international law in both international and non-
international armed conflicts. [39]
Necessity and proportionality[edit]
Necessity and proportionality are established principles in humanitarian law.
Under IHL, a belligerent may apply only the amount and kind of force necessary
to defeat the enemy. Further, attacks on military objects must not cause loss of
civilian life considered excessive in relation to the direct military advantage
anticipated.[40] Every feasible precaution must be taken by commanders to avoid
civilian casualties.[41] The principle of proportionality has also been found by the
ICRC to form part of customary international law in international and non-
international armed conflicts. [42]
The principle of non-discrimination is a core principle of IHL. Adverse distinction
based on race, sex, nationality, religious belief or political opinion is prohibited in
the treatment of prisoners of war,[46] civilians,[47] and persons hors de combat.[48] All
protected persons shall be treated with the same consideration by parties to the
conflict, without distinction based on race, religion, sex or political
opinion.[49] Each and every person affected by armed conflict is entitled to his
fundamental rights and guarantees, without discrimination. [50] The prohibition
against adverse distinction is also considered by the ICRC to form part of
customary international law in international and non-international armed
conflict.[51]
Women and children[edit]
Women and children are granted preferential treatment, respect and protection.
Women must be protected from rape and from any form of indecent assault.
Children under the age of eighteen must not be permitted to take part in
hostilities.

Principle of humane treatment[edit]

The principle of humane treatment requires that civilians be treated humanely at

all times.[43] Common Article 3 of the GCs prohibits violence to life and person
(including cruel treatment and torture), the taking of hostages, humiliating and
degrading treatment, and execution without regular trial against non-
combatants, including persons hors de combat (wounded, sick and shipwrecked).
Civilians are entitled to respect for their physical and mental integrity, their
honour, family rights, religious convictions and practices, and their manners and
customs.[44] This principle of humane treatment has been affirmed by the ICRC as
a norm of customary international law, applicable in both international and non-
international armed conflicts.[45]

Principle of non-discrimination[edit]